COMPREHENSIVE AGRARIAN REFORM LAW (R.A 6657)The following are the probable MIDTERM questions for Agrarian. I got these questions from our Prof.s discussions on CARP. I have already provided the answers but you might double check as well Hope this would help! GOD BLESS and GOOD LUCK to us

1.) What are three key objectives of CARP? (CES or SEC) CAPABILITY- it builds the capability of farmer- beneficiaries to manage reformed lands productively by giving them the support services they need. EQUITY- it establishes equity by democratizing control over the countrys lands to a large section of a population and enabling them to directly participate in nation-building. SUSTAINABILITY- it promotes sustainability by incorporating the ecosystem and stakeholder approaches to land use and management.2.) What are those lands covered by the CARP? In general, CARP covers all public and private agricultural lands including lands of public domain suitable for agriculture regardless of tenurial arrangement and commodity produced. In particular, CARP covers the following lands:(a.) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural land shall be undertaken until Congress shall have determined, by law, the specific limits of the public domain.(b.) All lands of the public domain in excess of the specific limits as determined by Congress taking into account ecological development and equity considerations;(c.) All other lands owned by the Government devoted to or suitable for agriculture;(d.) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon; and(e.) Landholdings subject to expropriation on acquisition by local government units not actually, directly, and exclusively used for non- agricultural purposes are subject if one or more of the following conditions apply.a. There is agricultural activity;b. The land is suitable for agriculture; orc. The land is presently occupied and tilled by the tenants.3.) What is the time frame for the implementation of CARP? Under R.A No. 9700, the acquisition and distribution of agricultural lands under CARP shall be completed by June 30, 2014.4.) What are the rules with regard to the retention limits under CARP? The retention by the landowner shall in no case exceed five (5) hectares; and Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications:(a.) That he is at least 15 years of age;(b.) That he is actually tilling the land or directly managing the farm.5.) Who can choose the area to be retained? The landowner can choose the area to be retained except that, in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features.(a.) In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under the Act.(b.) In case the tenant chooses to be beneficiary in another agricultural land, he loses his right as a leaseholder to the land retained by the landowner.Note: The tenant must exercise his option within a period of one year from the time the landowner manifests his choice of the area for retention.6.) What are the exceptions to the retention limits provided above?(a.) Landowners whose lands have been covered by P.D. 27 shall be allowed to keep the area originally retained by them;(b.) Original homesteads grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of the law shall retain the same areas as long as they continue to cultivate said homestead.(c.) Provincial city and municipal government units acquiring private agricultural lands by expropriation or other modes of acquisition to be used for actual , direct and exclusive public purposes.7.) What are those exemptions and exclusions from the coverage of CARP? Under Sec. 10 of the Act, the following are exempt from the coverage of the Act:(a.) Lands actually, directly, and exclusively used and found to be necessary for:1. Parks, wildlife, forest reserves, and reforestation;2. Fish sanctuaries and breeding grounds; and3. Watersheds and mangroves.(b.) Private lands actually, directly, and exclusively used for prawn farms and fishponds;(c.) Lands actually, directly, and exclusively used and found to be necessary for:1. National defense;2. School sites and campuses, including experimental farm stations operated by public or private schools, for educational purposes, and seed and seedlings, research and pilot production centers;3. Church sites and convents appurtenant thereto, mosque sites and Islamic center appurtenant thereto;4. Communal burial grounds and cemeteries;5. Penal colonies and penal farms actually work by the inmates; and6. Government and private research and quarantine centers; and(d.) All lands with 18% slope and over, except those already developed.(e.) Ancestral lands/ domains and retention areas granted to landowners.8.) Why is timberland not covered by CARP? Because timberland is an inalienable property of public domain.9.) What is a Voluntary offer to sell? What are the benefits that the landowner may acquire thereof? When is the deadline of such transfer? A voluntary offer to sell is a transaction between the government and the landowner where the latter voluntarily offers his landholding for sale in favor of the former.

*Voluntary land transfer on the other hand, is the transaction between the landowner and the beneficiary. Landowners may enter into direct transfer of their lands to qualified beneficiaries subject to the following guidelines:

(a.) All notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP.(b.) The terms and conditions of such transfer shall not be less favorable to the transferee than those of the governments standing offer to purchase from the landowner and resell to the beneficiaries, if such offers have been made and fully known to both parties; and(c.) The voluntary agreement shall include sanctions for non-compliance by either party and shall be duly recorded and its implementation monitored by the DAR. In such kind of land transfer, the landowner shall acquire the following benefits:a. The transaction shall be exempted from the payment of capital tax and other taxes and fees; andb. The landowners, other than banks and other financial institutions, who voluntarily offer their lands for sale, shall be entitled to an additional 5% cash payment. The Voluntary offer to sell should be exercised before July 1, 2009 or until June 30, 2009 only.10.) What happens if the application for voluntary land transfer happens after such date provided above? The government cannot entertain such transfer and it would then be treated as a Compulsory Land Acquisition.11.) How is just compensation determined? What are the modes of compensation under the CARP? In determining just compensation, the following shall be considered; subject to the final decision of the proper court:a. The cost of the acquisition of the land;b. The current value of like properties;c. Its nature;d. Its actual use and income;e. The sworn valuation by the owner;f. The tax declarations;g. The assessment made by the government assessors; andh. 70% of the zonal valuation of the BIR translated into basic formula by the DAR. The social and economic benefits contributed by the farmers and the farm workers and by the Government to the property as well as the non payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation.

The modes of compensation under the CARP, in the option of the landowner, are the following:(1.) Cash payment under the following terms and conditions:a. For lands above 50 hectare, insofar as the excess hectarage is concerned- 25% cash, the balance to be paid in governments financial instruments negotiable at any time.b. For lands above 24 hectares and up to 50 hectares- 30% cash, the balance to be paid in government5 financial instruments negotiable at any time.c. For lands 24 hectares and below- 35% cash, the balance to be paid in government5 financial instruments negotiable at any time.(2.) Shares of stock in government-owned or controlled corporations, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARC;(3.) Tax credits which can be used against any tax liability; and(4.) LBP bonds.12.) What are the qualifications of CARP beneficiaries? All agrarian reform beneficiaries must be:(a.) Landless as defined by R.A. No. 6657, as amended; (landless- farmers or tillers who owned less than 3 hectares of agricultural land.)(b.) Filipino citizen;(c.) Permanent resident of the barangay and/or municipality where the landholding is located as provided under section 22 of R.A No. 6657, as amended.(d.) At least 15 years of age of time of identification, screening and selection of farmer- beneficiaries; and(e.) Willing, able and equipped with the aptitude to cultivate and make the land productive.Note: For farm workers in commercial farms and plantations, in addition to No. 1 requirement above, the applicant must have been employed as of June 15, 1988 in the landholding covered under CARP.13.) In the distribution of land property, who are prioritized? The lands covered by CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority:a. Agricultural lessees and share tenants;b. Regular farmworkers;c. Seasonal farmworkers;d. Other farmworkers;e. Actual tillers or occupants of public lands;f. Collectives or cooperatives of the above beneficiaries; andg. Others directly working on the land. (sec 22)Note: Order of priority- A landholding of a landowner shall be distributed first to qualified beneficiaries under Sec. 22 (a) and (b) of that same landholding up to a maximum of three (3) hectares each. Only when these beneficiaries have all received three hectares each, shall the remaining portion of the landholding, if any, be distributed to other beneficiaries under sec.22 (c), (d), (e), (f), and (g).14.) What would the DAR issued to the beneficiaries under this Act? The Certificate of Land Ownership Award (CLOA) if the beneficiaries have not yet paid the full amount of compensation; or Emancipation Patent if full compensation had been paid already. In such case, a title would be issued under beneficiarys name.Note: Pending full payment, the Certificate of Title is registered in the name of the Republic of the Philippines.15.) When shall the right of beneficiaries commence? From the issuance of CLOA or Emancipation Patent, if fully paid already.16.) Is Co-ownership under the CARP possible? Yes, as in the case of collective ownership but subject to qualifications. The beneficiaries may opt for collective ownership, such as co-workers or farmers cooperative or some other form of collective organizations and for the issuance of collective ownership titles. However, the total area that may be awarded shall not exceed the total number of co-owners or members of the cooperative or collective organization multiplied by the award limit above prescribed (not exceeding 3 hectares), except in meritorious cases as determined by the PARC. (sec 25) 17.) When can a farmer beneficiary be declared in default of payment? What is the legal remedy available? When the farmer beneficiary was not able to pay in an aggregate of three (3) annual amortization. Foreclosure of the property.18.) Under the CARP, can awarded land be transferred or disposed? Generally, NO. However such rule is subject to certain exceptions to wit:a. Hereditary succession (intestate succession);b. Or to the government;c. Or to the LBP; ord. To other qualified beneficiaries (but subject to the knowledge and approval of DAR) for a period of ten years.Note: The children or the spouse of the transferor shall have the right to re purchase the land from the government or LBP within a period of two (2) years.19.) Who own those standing crops in an awarded land? The landowner.20.) Who has the authority to fix the leasehold and the crop-sharing? The DAR21.) Is the decision of DAR appealable? Yes, to the Special Agrarian Court.22.) Is the DARAB bound to strictly observe the rules of procedure of Evidence? No, but it could be observed in the Special Agrarian Court.Note: the beneficiaries may be represented by their farm leader in the court. 23.) What is the jurisdiction of DARAB? Agrarian Dispute24.) What are functions of the support services? The office of Support Services Office under DAR has been created by the CARL of 1988. Headed by an Undersecretary, the Office provides general support and coordinative services in the implementation of the CARP particularly in the carrying out the provisions of the following services to farmer-beneficiaries and affected landowners:(1.) Irrigation facilities, specially second crop or dry season irrigation facilities;(2.) Infrastructure development and public works projects in areas and settlements that come under agrarian reform(3.) Government subsidies for the use of irrigation facilities;(4.) Price support and guaranty for all agricultural produce;(5.) Extending to small landowners, farmers and farmers organizations the necessary credit, like concessional and collateral-free loans, agro-industrialization based on social collaterals like the guarantees of farmers organization;(6.) Promoting, developing and extending financial assistance to small and medium-scale industries in agrarian reform areas;(7.) Assigning sufficient numbers of agricultural extension workers to farmers organization;(8.) Undertake research, development and dissemination of information on agrarian reform plants and crops best suited for cultivation and marketing, and low-cost and ecologically sound farm inputs and technologies to minimize reliance on expensive and imported agricultural inputs;(9.) Development of cooperative management skills through intensive training;(10.) Assistance in the identification of ready markets for agricultural produce and training in other various aspects of marketing; and(11.) Administration, operation, management and funding of support services programs and projects including pilot projects and models related to agrarian reform as developed by the DAR. (sec 35)25.) What are the functions of the Barangay Agrarian Reform Committee (BARC)? The functions of BARC are the following:(a.) Participate and give support to the implementation of the programs on agrarian reform;(b.) Mediate, conciliate or arbitrate agrarian conflicts and issues that are brought to it for resolution; and(c.) Perform such other functions that the PARC, its Executive Committee, or the DAR Secretary may delegate to it from time to time In addition to those provided above, the CARL of 1988 has given the BARC the following functions:(a.) Mediate and conciliate between parties involved in an agrarian dispute including matters related to tenurial land financial arrangements;(b.) Assist in the identification of qualified beneficiaries and landowners within the barangay;(c.) Attest to the accuracy of the initial parcellary mapping of the beneficiarys tillage;(d.) Assist qualified beneficiaries in obtaining credit from lending institutions;(e.) Assist in the initial determination of the value of lands;(f.) Assist the DAR representative in the preparation of periodic reports on the CARP implementation for submission to the DAR;(g.) Coordinate the delivery of support services to the beneficiaries; and(h.) Performed such other functions that may be assigned by the DAR. (sec 47)Note: The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it within 30 days from its taking cognizance thereof. If after the lapse of 30-day period, it is unable to settle the dispute, it shall issue a certification of its proceedings and shall furnish a copy thereof upon the parties within seven (7) days after the expiration of the 30-day period. All decisions of the BARC shall be final and executor unless appealed to the Provincial Agrarian Reform Officer (PARO), within 10 days from receipt of the decision, by any party aggrieved thereby. The PARO, in turn, shall render his decision on the appeal within 15 days from receipt of the records of the case.26.) What are the procedures in acquiring property subject to CARP? Based on my notes, the procedures are the following:a. Identify the properties covered;b. Issue Notice of Coverage (NOC);c. Determine whether the landowner will voluntarily transfer the land or contest to NOC; andd. If Voluntary land transfer is not feasible, there will be compulsory acquisition.

27.) What is the procedure of compulsory acquisition under CARP? Administrative process28.) What is the issue to be resolved in compulsory acquisition? Based on my notes, it pertains to the amount of just compensation determined in the hearing.29.) Where to file judicial review of DAR decision? To the Court of Appeals or otherwise to the Supreme Court if Certiorari.30.) What is the mode of appeal? Certiorari